Limited product warranty
Updated on July 10, 2017.
BrilliantTS, Inc. (“Fuze”, “Fuze Card”, BrilliantTS, BTS) warrants to the original end-user purchaser (“you”) that your Fuze device and card reader distributed by Fuze (collectively, the “Fuze Devices”) shall be free from defects in materials and workmanship under normal use for one year from the date you purchased your Fuze Devices, or six(6) months from the date your pre-ordered Fuze Devices were shipped to you (the “Limited Warranty Period”).
Fuze does not warrant that the operation of the Fuze Devices will be uninterrupted or error-free; certain exclusions and limitations are listed below. Additionally, this Limited Warranty does not cover software embedded in the Fuze Devices, Fuze’s website or online services, or Fuze’s smartphone applications, which are provided “as is.” Refer to the Fuze’s Terms and condition for details.
If a covered defect arises with your Fuze Devices during the Limited Warranty Period, Fuze may, at Fuze’s sole discretion and to the extent permitted by law, allow you to return your defective Fuze Devices so that Fuze can, at its sole option, (i) repair the product using either new or refurbished parts only once after the purchase each Fuze card, (ii) replace the product with a new or refurbished product at least functionally equivalent to yours. Any replacement may be, at the option of Fuze, a new or remanufactured product. All returned Fuze Devices for which you have received a replacement will become the property of Fuze.
HOW TO MAKE A WARRANTY CLAIM:
To make a warranty claim, write to Fuze Warranty Support at firstname.lastname@example.org. You must provide your name, email associated with your Fuze Indiegogo contribution email account or pre-order email account on Fuzecard.com, and the serial number of your Fuze Device to receive support. If your Fuze Devices are determined to be covered under warranty, Fuze Warranty Support will provide you a Return Material Authorization ("RMA"). You will need to send your Fuze Devices, the RMA, and proof of purchase to the address specified by Fuze Warranty Support. Please follow all instructions regarding warranty claims provided by Fuze Warranty Support.
The Limited Warranty lasts six(6) months from the date of your purchase. If you pre-ordered your Fuze Devices, your Limited Warranty Period is six(6) months from the date your Fuze Devices were shipped to you. If Fuze provides a replacement device under this warranty, the replacement device will be covered under the remainder of the Limited Warranty Period, if any, for the original Fuze Device it replaced.
EXCLUSIONS AND LIMITATIONS
The Limited Warranty does not apply to any products or services other than the Fuze Devices; to consumable parts, such as batteries or materials that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; to cosmetic damage; to data or information; or to software (even if packaged or sold with the Fuze Devices or embedded in the Fuze Devices). The Limited Warranty is only valid in locations where Fuze Devices are shipped by Fuze. The Limited Warranty is not transferrable and does not cover Fuze Devices provided to you by any party other than Fuze or a Fuze Authorized Reseller. Fuze is not responsible for damage arising from normal wear and tear; failure to follow instructions relating to the Fuze Devices’ use; loss or theft; disassembly or alterations; accident, abuse, misuse, flood, fire, earthquake or other external causes; or exposure to liquids or extreme thermal or environmental conditions. Do not disassemble or try to repair the Fuze Devices. There are no user-serviceable parts in the Fuze Devices. Disassembling a Fuze Device will void its Limited Warranty.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUZE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY OR IMPLIED, REGARDING THE DEVICES, EXCEPT THAT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
LIMITATIONS OF DAMAGES
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, FUZE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF FUZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
GOVERNING LAW This Limited Warranty is governed by the laws of the State of California, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. If any term of the Limited Warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.